Europees Recht
Topic: Union Citizenship
The Union Citizenship covers Goods, Persons, Services and Capital.
What is the Union Citizenship?
Status (Article 20(1) TFEU
Derives from the nationality of a Member State
No further requirements for having this status
Additional to and does not replacing national citizenship
Rights (Article 20(2) TFEU, Articles 21-25 TFEU)
Right to move and to reside
Right to vote and to stand as candidate in municipal and
European elections
Right to enjoy diplomatic and consular protection by any EU-
MS
Right to address the EU institutions in any Treaty language
and to receive a reply
Status of the Union Citizenship
Case: CJEU, Case C-135/08, Rottmann
Austrian national who gained German nationality by
naturalization
o As a result Rottmann lost his Austrian nationality
German authorities found out that he concealed serious
criminal proceedings against him during the naturalization
process;
o Germany revoked his German nationality
o No other nationality (stateless)
o Loss of Union citizenship
Can Member States withdraw a nationality, which has as a
consequence to lose the Union citizenship?
o They can, but the withdrawal must be carried out in the
light of EU law
o Union citizenships entails EU law individual rights which
cannot be taken away by a Member State
o Withdrawal must be proportionate in relation to the goal it
seeks to achieve
o Core sovereign rights are subject to EU law because of
citizenship
, o Current case: Sale of nationality (Malta)
The Free Movement of Union Citizens
Right to move and to reside
Free Movement of Union Citizens (Article 21(1) TFEU)
Citizenship Rights Directive 2004/38/EC (CRD)
Article 21(1) TFEU
Every citizen of the Union shall have the right to move and reside
freely within the territory of the Member States, subject to the
limitations and conditions laid down in the Treaties and by the
measures adopted to give them effect.
Can a Union citizen directly rely on Article 21(1) TFEU in front
of national courts (direct effect?)
Case: C-413/99, Baumbast
o Court decided: Yes, Mr Baumbast can directly rely on
Article 21(1) TFEU
o Article 21(1) TFEU has direct effect
How far does the scope reach?
o Direct discriminations
o Indirect discriminations
o Non-discriminatory restrictions
Step-by-step plan:
Is there a barrier for the free movement or taking up residence
of a Union citizen?
Does the barrier distinguish according to the origin of the
Union citizen (direct discrimination)?
No: Does the barrier affect Union citizens more than home
nationals (indirect discrimination)?
No: Does the barrier obstruct the access to the territory of the
Member state (non-discriminatory restriction)?
Three times no: The measure is allowed
(1) One yes: Can the measure be justified by reasons of
public policy, public security or public health (see Article 27
CRD)?
(2) No: Can the measure be justified by (unwritten) imperative
requirements (Cassis)?
(1) or (2) yes: Is the measure suitable to achieve the invoked
goal, the least restrictive one to achieve this goal, and
, proportionate with a view to the objectives of the free
movement of Union citizens?
No: The measure violates Article 21(1) TFEU and is not
allowed
Yes: The measure is justified and allowed
Example for the reach and implications of the free movement of
Union citizens: Social rights
Case C-184/99, Grzelczyk: Social rights of future
economically active citizens
o French student at Belgian University
o Residence right based the old student mobility directive
(Directive 93/96 EEC): Proof of sufficient own resources
o Student asked for social assistance (‘’minimex’’): End of
residence rights
o CJEU: ‘Union citizenship is destined to be the fundamental
status of nationals of the Member States, [… which entails] a
certain degree of financial solidarity between nationals of a
host Member State and nationals of other Member States,
particularly if the difficulties which a beneficiary of the right of
residence encounters are temporary’.
o The measure was not proportionate according to the Court
(step-by-step plan).
o Court: Mr Grzelczyk had a claim against the Belgian
authorities to receive social allowances based on Article
21(1) TFEU.
Case C-456/02, Trojani: extended to economically inactive
citizens
Turning point: Case C-333/13, Dano
o Ms Dano: economically inactive Romanian citizen, living in
Germany, asking for jobseeker’s allowance
o The case played out within the CRD, but the principles have
to be applied to Article 21(1) TFEU as the CRD may not
contain less rights than Article 21(1) TFEU
o CJEU: a Member State may require from Union citizens the
existence of sufficient resources to support themselves as a
necessary pre-condition for a lawful residence
o Ms Dano had no sufficient resources for support and did not
search for a job.
, o Court: Ms Dano has no claim for jobseeker’s allowance
under Article 21(1) TFEU
Issue of the cross-border situation
For the fundamental freedom to be applicable to a given
situation, there must be a cross-border situation
Particularly important in the case of the free moment of Union
citizens as the exercise of this right does not require economic
activity
What about a person who has a different nationality than the
country of residence but has never made use of its free
movement rights?
o Case C-200/02, Zhu and Chen: minor; 8 months old baby
(Irish) who has not yet left the UK (then still a Member
State of the EU)
o CJEU: Having another EU nationality than the one of the
country of residence is sufficient for relying on the free
movement of citizens
o Case C-434/09, McCarthy: adult; person with dual
nationality (Irish/UK) who has never left the UK
o CJEU: Prior exercise of the free movement right is a
necessary pre-condition to be able to rely on the free
movement rights
o See the difference between minors and adults; more strict
for adults
What about a person who is not a Union citizen (third-country
national) but who is related to a Union citizen with another
nationality than the country of residence?
o Case-C-200/02, Zhu and Chen: the primary caretaker of a
minor (8 months old baby (Irish) can derive his/her
residence rights from the Union citizen
What about a person who is not a Union citizen (third-country
national) but who is related to a Union citizen with the same
nationality as the country of residence?
o Case C-34/09, Zambrano: the primary caretaker of a
minor (Belgian) with the same nationality as the country of
residence (Belgium) can derive his/her residence right
from the Union citizen
o BUT not based on Article 21(1) TFEU, which would
require either (1) a different nationality than the country of
Topic: Union Citizenship
The Union Citizenship covers Goods, Persons, Services and Capital.
What is the Union Citizenship?
Status (Article 20(1) TFEU
Derives from the nationality of a Member State
No further requirements for having this status
Additional to and does not replacing national citizenship
Rights (Article 20(2) TFEU, Articles 21-25 TFEU)
Right to move and to reside
Right to vote and to stand as candidate in municipal and
European elections
Right to enjoy diplomatic and consular protection by any EU-
MS
Right to address the EU institutions in any Treaty language
and to receive a reply
Status of the Union Citizenship
Case: CJEU, Case C-135/08, Rottmann
Austrian national who gained German nationality by
naturalization
o As a result Rottmann lost his Austrian nationality
German authorities found out that he concealed serious
criminal proceedings against him during the naturalization
process;
o Germany revoked his German nationality
o No other nationality (stateless)
o Loss of Union citizenship
Can Member States withdraw a nationality, which has as a
consequence to lose the Union citizenship?
o They can, but the withdrawal must be carried out in the
light of EU law
o Union citizenships entails EU law individual rights which
cannot be taken away by a Member State
o Withdrawal must be proportionate in relation to the goal it
seeks to achieve
o Core sovereign rights are subject to EU law because of
citizenship
, o Current case: Sale of nationality (Malta)
The Free Movement of Union Citizens
Right to move and to reside
Free Movement of Union Citizens (Article 21(1) TFEU)
Citizenship Rights Directive 2004/38/EC (CRD)
Article 21(1) TFEU
Every citizen of the Union shall have the right to move and reside
freely within the territory of the Member States, subject to the
limitations and conditions laid down in the Treaties and by the
measures adopted to give them effect.
Can a Union citizen directly rely on Article 21(1) TFEU in front
of national courts (direct effect?)
Case: C-413/99, Baumbast
o Court decided: Yes, Mr Baumbast can directly rely on
Article 21(1) TFEU
o Article 21(1) TFEU has direct effect
How far does the scope reach?
o Direct discriminations
o Indirect discriminations
o Non-discriminatory restrictions
Step-by-step plan:
Is there a barrier for the free movement or taking up residence
of a Union citizen?
Does the barrier distinguish according to the origin of the
Union citizen (direct discrimination)?
No: Does the barrier affect Union citizens more than home
nationals (indirect discrimination)?
No: Does the barrier obstruct the access to the territory of the
Member state (non-discriminatory restriction)?
Three times no: The measure is allowed
(1) One yes: Can the measure be justified by reasons of
public policy, public security or public health (see Article 27
CRD)?
(2) No: Can the measure be justified by (unwritten) imperative
requirements (Cassis)?
(1) or (2) yes: Is the measure suitable to achieve the invoked
goal, the least restrictive one to achieve this goal, and
, proportionate with a view to the objectives of the free
movement of Union citizens?
No: The measure violates Article 21(1) TFEU and is not
allowed
Yes: The measure is justified and allowed
Example for the reach and implications of the free movement of
Union citizens: Social rights
Case C-184/99, Grzelczyk: Social rights of future
economically active citizens
o French student at Belgian University
o Residence right based the old student mobility directive
(Directive 93/96 EEC): Proof of sufficient own resources
o Student asked for social assistance (‘’minimex’’): End of
residence rights
o CJEU: ‘Union citizenship is destined to be the fundamental
status of nationals of the Member States, [… which entails] a
certain degree of financial solidarity between nationals of a
host Member State and nationals of other Member States,
particularly if the difficulties which a beneficiary of the right of
residence encounters are temporary’.
o The measure was not proportionate according to the Court
(step-by-step plan).
o Court: Mr Grzelczyk had a claim against the Belgian
authorities to receive social allowances based on Article
21(1) TFEU.
Case C-456/02, Trojani: extended to economically inactive
citizens
Turning point: Case C-333/13, Dano
o Ms Dano: economically inactive Romanian citizen, living in
Germany, asking for jobseeker’s allowance
o The case played out within the CRD, but the principles have
to be applied to Article 21(1) TFEU as the CRD may not
contain less rights than Article 21(1) TFEU
o CJEU: a Member State may require from Union citizens the
existence of sufficient resources to support themselves as a
necessary pre-condition for a lawful residence
o Ms Dano had no sufficient resources for support and did not
search for a job.
, o Court: Ms Dano has no claim for jobseeker’s allowance
under Article 21(1) TFEU
Issue of the cross-border situation
For the fundamental freedom to be applicable to a given
situation, there must be a cross-border situation
Particularly important in the case of the free moment of Union
citizens as the exercise of this right does not require economic
activity
What about a person who has a different nationality than the
country of residence but has never made use of its free
movement rights?
o Case C-200/02, Zhu and Chen: minor; 8 months old baby
(Irish) who has not yet left the UK (then still a Member
State of the EU)
o CJEU: Having another EU nationality than the one of the
country of residence is sufficient for relying on the free
movement of citizens
o Case C-434/09, McCarthy: adult; person with dual
nationality (Irish/UK) who has never left the UK
o CJEU: Prior exercise of the free movement right is a
necessary pre-condition to be able to rely on the free
movement rights
o See the difference between minors and adults; more strict
for adults
What about a person who is not a Union citizen (third-country
national) but who is related to a Union citizen with another
nationality than the country of residence?
o Case-C-200/02, Zhu and Chen: the primary caretaker of a
minor (8 months old baby (Irish) can derive his/her
residence rights from the Union citizen
What about a person who is not a Union citizen (third-country
national) but who is related to a Union citizen with the same
nationality as the country of residence?
o Case C-34/09, Zambrano: the primary caretaker of a
minor (Belgian) with the same nationality as the country of
residence (Belgium) can derive his/her residence right
from the Union citizen
o BUT not based on Article 21(1) TFEU, which would
require either (1) a different nationality than the country of
